If someone is in resident alien status on F1-visa (STEM-OPT), can they sue a credit union registered in the USA? Will this have any negative impact on their immigration record?
Please feel free to ask for clarifications.
1
-
What is the basis for the lawsuit?– phoogCommented Jan 6, 2022 at 8:27
Add a comment
|
1 Answer
It is not against a law to sue another person or entity if you have a good reason to. It may be against the law if you don't actually (it may then become a defamation or even libel, which at worst can be treated as a crime).
As long as you're not breaking any laws, it will not affect your legal status. In fact, in some cases (whistleblowers, crime victims, etc), it may even add some protections against deportation.
-
Statements made in connection with a lawsuit are generally privileged against civil liability for defamation. See for example nolo.com/legal-encyclopedia/…. Criminal defamation has been repealed or found unconstitutional in 38 states. See e.g. mtsu.edu/first-amendment/article/941/criminal-libel. While there may be repercussions for suing someone without good reason, liability under defamation law is unlikely to be among them.– phoogCommented Jan 6, 2022 at 8:26
-
1Falling out with your employer, or being thrown out by your university etc. might impact your immigration status. Therefore suing your employer or university or similar might indirectly impact your immigration status. Commented Jan 6, 2022 at 12:16
-
1@gnasher729 that's certainly something that one ought to be careful of, but it seems unlikely to be the case here.– phoogCommented Jan 6, 2022 at 15:39
-
@phoog well... I did say at worst. Criminal prosecution for slander/libel is extremely unlikely in the US in general, and I mentioned it just as another potential, albeit unlikely, side effect. Commented Jan 6, 2022 at 18:28